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This two-page FAQ explains how the pretrial release process works and breaks down the five types of release mechanisms available to defendants, including own recognizance, pretrial services, full cash, 10% bond, and bail bond release. It covers what happens when a defendant fails to appear under each type, highlighting the differences in accountability and enforcement. Research cited shows bail bonds are the most effective release method, with an 18% failure-to-appear rate and the highest fugitive recovery rates compared to all other options.
This document argues that pretrial risk assessment tools, particularly the Arnold Foundation's Pretrial Screening Assessment (PSA), have failed to deliver on their promises of reducing incarceration and crime rates. Research from George Mason University and data from Kentucky's six-year experience show that failure-to-appear rates actually increased and re-arrest rates did not decline after adopting these tools. The document further contends that risk assessments remain largely unvalidated by independent parties, lack transparency, and have been accused of producing biased outcomes against low-income individuals and minorities.
This document challenges the claim that bail reform saves taxpayers money, arguing that jail costs are mostly fixed and releasing one person doesn't actually reduce expenses since freed beds are quickly filled by other inmates. It highlights New Jersey's experience, where counties filed a lawsuit over unfunded mandates and the judiciary acknowledged the program would need millions more in taxpayer funding. Cost estimates from other states reinforce the point, with pretrial programs projected at over $200 million in New York, $500 million in New Jersey, and up to $3 billion in California.
This document debunks common myths used to promote bail reform, including the claims that jails are full of people who simply can't afford bail, that the bail industry is unregulated, and that it targets poor communities and promotes racism. It presents data showing that only 12% of pretrial defendants in Los Angeles County were actually bailable, that over 90% were held on felony charges, and that the bail industry is heavily regulated by state Departments of Insurance. Research is cited showing that financially secured bail bonds are the most effective form of release for ensuring court appearance, and that bail agents can actually help reduce racial bias by offering discounts and community support services.
This document compiles firsthand testimonials from elected officials, law enforcement, and advocacy groups across the country who have spoken out against bail reform. Notable voices include a New Jersey assemblyman who called the state's reform "an absolute disaster," Colorado officials who found their unsecured bond system lacked accountability and didn't save money, and the New Jersey Fraternal Order of Police who reported increased difficulty keeping communities safe. Additional letters from Nevada's governor and the Alliance of California Judges warn that risk assessment tools lack conclusive evidence and that reform would heighten public safety risks.
This document presents real-world cases from New Jersey, New Mexico, and Texas where defendants charged with serious crimes were released under bail reform policies and risk assessment algorithms. The cases include individuals accused of child molestation, sexual assault, murder, rape, armed robbery, and other violent offenses who were classified as "low risk" and freed with little to no supervision. It argues that these examples demonstrate how computerized risk assessment tools fail to predict dangerous behavior and that replacing judicial discretion with algorithms puts public safety at serious risk.
This document features a transcript from New Mexico Governor Susana Martinez, a former 25-year prosecutor, warning Utah citizens and lawmakers against adopting the Arnold Foundation's Pretrial Risk Assessment Tool. She describes how New Mexico's implementation of the tool created a "catch and release revolving door criminal justice system" with devastating results, fueled by irresponsible court interpretations and flawed rules. Governor Martinez urges Utah leaders to be skeptical of bail reform advocates and to prioritize keeping dangerous and repeat criminals off the streets rather than relying on misleading risk assessment devices.
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